Surrogacy Laws in India


For thousands of childless couples all over the world, India had been the destination to fulfil their dreams of becoming parents because of the well-trained doctors, well-appointed fertility clinics and a large number of women willing to serve as surrogate mothers. However, towards the end of 2015, Indian government banned surrogacy services for foreigners and directed fertility clinics to stop providing surrogacy services to foreign nationals including OCI card holders.

Though laws governing surrogacy are yet to be passed, the government has already outlined its position in the recent notification passed by the Ministry of Family and Health Welfare, Government of India by banning surrogacy for foreigners in totality which has created a major impact in the country.

Despite having a number of positive aspects, the negative aspects of surrogacy needs to be seriously considered. Even though there is a draft bill on the Assisted Reproductive Technology but there is an emergent need of a codified law so as to regulate the surrogacy practice in the country.

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